Assessing Damage, Urging Action
Algeria, Argentina, Chile, Egypt, Indonesia, Malaysia, Northern Ireland, Peru, Sri
Lanka, Syria, Turkey, Uruguay, all experienced years and decades of “emergency”
measures. Measures that often were presumably intended to be temporary, gradually became the norm.
Witnesses spoke directly of the risk of “sleep-walking” into a legal and political
contradiction – temporary and emergency measures which become permanent
and routine. Furthermore, much of the evidence suggested that these “temporary”
and “emergency” responses tend to seep into other areas of law, and negatively
influence the institutional culture of the police, the legal system, and the judiciary.
Where there had been a separation of powers, long-lasting emergencies gradually
undermined this important safeguard, and privileged the centralisation of the power
with the executive and/or its military and intelligence agencies. The Panel was told
that the exercise of special powers, especially the militarisation of law enforcement
or of the judiciary, as seen in the Middle East, has had a long-term corrosive effect
on the rule of law.
2.5 Much of the current threat is a continuation of past threats
Whilst some contemporary threats have new elements, many are a continuation of
past conflicts. Sri Lanka has experienced three decades of conflict with the Liberation
Tigers of Tamil Eelam (LTTE), fighting for a separate State in the North of Sri Lanka.
Serious terrorist acts, including suicide attacks, remain a continuing reality. Another
long-standing threat that continues to this day is the targeting of civilians in the
violence that seeks the separation of the Basque country from Spain.
There is even the risk that governments explicitly re-define long-standing domestic
conflicts as part of the worldwide contemporary threat from terrorism, to further
their own ends, and possibly in the expectation that this will secure more external
sympathy and support. For example, in Moscow, the Panel was told that the conflict
in Chechnya was originally characterised as a separatist struggle; from 1999 it was
described as a terrorist operation; and since 9/11 (although intermittently), the
conflict has been portrayed as being part of international terrorism. In Colombia, the
Government of President Alvaro Uribe now characterises the decades-old confrontation with armed groups such as the Revolutionary Armed Forces of Colombia
(Fuerzas Armadas Revolucionarias de Colombia: FARC), as a fight against terrorism.31
In Nepal, armed activities by the Communist Party of Nepal (Maoist) started in
1996. Yet in November 2001, new terrorist legislation justified by the global context
of counter-terrorism was passed, and the Maoists were formally designated (at
home and abroad) as a terrorist organisation. Some contributors claim that the
Filipino Government has selectively subsumed a complex web of long-standing local
conflicts under the “counter-terrorist” label. In Uganda, the longstanding conflict
in the north of the country was reclassified: the insurgent Lord’s Resistance Army
31
See the summary of the EJP Colombia Hearing.
29
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